Legal Question in Real Estate Law in Massachusetts

Title of House has Defect

My husband and I bought a house last Sept. The previous owner's 2 sons, also POA's, sold the house through an real estate agent. The title was to be free of the life estate help by previous owner. Currently tax bill is sent to the previous owner's name followed by RLE. The city claims that the house was not cleared of the life estate.

I assumed that the mortgage co did their homework and checked to see if the title was free of defect. How can I find out if the life estate has been removed from the deed? I have checked the registry of deeds online. The Quitclaim Deed is written as follows:

''....(son #1 & son #2 as tenants-in-common and former owner, holder of a life estate, by her attorneys-in-fact, son # 1 & son # 2, for consideration paid of (amt paid listed), grant to (husband & I), address, a husband and wife, tenants-by-the-entirety, with quitclaim covenants, all of our right, title, and interest, including the life estate held by (former owner) a certain parcel of land situated.......''

Has the life estate been released properly or was it conveyed with the title?


Asked on 6/19/03, 6:59 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Title of House has Defect

Hi. I don't understand why the city says the life estate hasn't been sold also, because it sounds to me as if all the right moves were made. Why is this an issue, however? In answer to your question, it is certainly possible to petition the Land Court for a declaratory judgment as to the state of title. Call me for an appointment to discuss in detail. Best wishes, DGB

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Answered on 6/20/03, 12:22 am


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